Divorce and divorce proceedings There are two forms of divorce in China: 1, agreed to a divorce; 2, of law. "Marriage Law" states: "both parties to divorce, granted a divorce. Both parties must apply for a divorce the marriage registration office. Marriage registration office, the two sides are indeed willing to identify children and property issues have been adequately addressed, the hair a divorce certificate. "refers to the divorce. "Marriage," the thirty-second article: "a party of men and women for divorce, mediation by the relevant departments or directly to the people's court to start divorce proceedings" refers to the divorce proceedings. Unilateral divorce proceedings is the couple filed for divorce, the other party does not agree though both sides agreed to a divorce or a divorce, but in the common property or the division of child support, and education was no agreement on the issue of divorce litigants can be submitted to the People's Court like divorce proceedings, after accepting the people's courts generally take two ways: First, divorce mediation, divorce parties is under the mediation of the court to the division of property, agreement on such issues as child support, divorce, and the people's court approval of its production Civil divorce mediation, divorce laws as instruments of both parties. Second, divorce refers to the people's court in the case of mediation fails, the specific circumstances of the divorce case to the jointly owned property such as a divorce and child support judgments. The divorce and divorce proceedings, the parties how to choose First, the civil affairs departments easy divorce proceedings, the parties may be the first consideration. However, a prerequisite for divorce is that both sides agree to divorce and custody of the children, division of property, debts and other issues must take all agree, otherwise, the civil affairs department shall not process the divorce procedures. According to the "Marriage Registration Ordinance" Article Mainland residents voluntarily divorce, both parties should work together to party location of permanent residence registration of marriage and divorce registration authority. Article XI of mainland residents divorce registration shall provide the following documents and supporting materials: (A) his booklet, identity cards; (B) my marriage certificate; (C) The parties signed the divorce agreement. Divorce divorce shall set forth the meaning of the parties that custody of children, property and debt management matters such as consensus. Can be seen, the two sides agreed a divorce settlement is a fundamental instrument rights and obligations of both sides of a right to protection, these problems also have their complexity, if not handled properly, will cause unnecessary disputes, or even life in the future may cause significant effects, therefore, when the parties signed the agreement of divorce when the divorce agreement, she should be cautious, should arouse enough attention, must not act in haste, should seek professional legal services, if necessary, the best professional divorce lawyer, please check . Note that although the divorce agreement is different from the general civil contract, but has been concluded as legally binding on both parties. Supreme People's Court on the application of the "PRC Marriage Law," Interpretation of Several Issues (b) clearly states: "Article VIII of the divorce agreement, the terms of the division of property or the parties to the division of property due to divorce, the agreement is legally binding on both parties . the parties to fulfill the above-mentioned property division agreement because of disputes lawsuit, the people's court shall be accepted. Article IX both parties agreed to a divorce within one year after the division of property go back, modify or revoke the request for division of property agreement, the people's court shall be accepted. People's Court After hearing and found no agreement to make the division of property fraud, coercion and other circumstances, it shall dismiss the claims of the parties. "law is divorced from the procedural safeguards agreement the parties have the right to go back on the agreement, but unless a party to provide adequate evidence that was in by coercion, fraud, material mistake entered into under such circumstances, under normal circumstances the parties the court will not readily support the revocation request. Therefore, the signing of the divorce agreement, should be very careful, the best lawyer checks, such as not to miss the housing subsidies, housing provident funds, pension insurance, intellectual property, internal equity and other tangible and intangible property permits the calculation of increased hide, transfer of property in the future penalty provisions, a clear manner and payment of child support time limit, a clear way of exercise of the right to visit and time, financial assistance means payment of damages, etc., to avoid leaving any sequelae. However, a drawback is that the divorce agreement, although the two sides reached a divorce agreement, but if one party does not trust and do not perform according to contract obligations in the agreement, divorce agreement is not enforceable effect, the parties need to bring a civil action to the court, agreement request the court to perform the contents of each other. Second, the party seeking the divorce, the divorce court proceedings can only choose Separated from a spouse or, having agreed to adhere to divorce, child support but no agreement is reached or the division of property, and only through the courts of law. In addition, the couple divorce, the parties may also go directly to court. 1, the prosecution must provide the material placed on file: (1) civil complaint in duplicate (2) A copy of marriage certificate (3) the plaintiff a copy of ID card (4) has purchased rental real estate license or certificate, a copy of a personal motor vehicle driving permit (5) an inventory of property, including property name, value, quantity. (6) Other evidence 2, the process of filing and hearing Prosecution of the parties to submit materials, to pay legal fees. People's Court, after receiving the complaint shall be accepted within 7 days of filing, and notify the parties and determine the period of proof, the general procedure of proof shall not be less than 30, the summary of the evidence period may be less than 30 days, and accredited the bill of complaint within 5 days send a copy of the defendant. Defendant within 15 days from the date of receipt of a defense. People's Court in the pleadings, within 5 days from the date of the respondent send a copy of the plaintiff. The defendant is not a defense does not affect the court hearing. People's Court (in Beijing, for example, the Beijing district court is generally 10 days from the date of filing -20 days) to determine the date of the hearing, it shall notify the parties in 3 days before the hearing. Regular hearing. After the court shall conduct the mediation, the mediation fails, according to decision. 3 proceedings. (1) If both parties agree to divorce, but also both the same requirements apply to the court on summary divorce proceedings, the court may then also be another judge presided over a relatively short period of about mediation, both parties signed on the spot in divorce mediation, court mediation After entry into force has the same effect with the verdict, a party may not go back. Case Study of Beijing, the Beijing district court procedures are simple convenience, Fengtai District Court on Sunday launched a unique holiday convenience the court to facilitate the parties to a divorce. (2), if one strongly disagrees with divorce or custody of the children and the greater the division of property disputes, divorce cases, the general application of summary procedure, trial periods as from the date of filing the conclusion of 3 months; More complex cases, the ordinary procedure, trial periods from the filing date for the 6 months completed. There are special circumstances necessary to extend the president of the court may approve an extension of 6 months; also need an extension, reported to the higher people's court for approval. (3), the appeal process (which is not every case a necessary procedure, especially for a divorce case) An appeal against a verdict, the verdict should be delivered within 15 days from the date of the next higher level People's Court. The appeal shall be submitted. Trial court on the petition should be made to submit a copy of the appeal while prepaid fee. Trial court of receiving the appeal, shall, within 5 days of the appeal petition, serve a copy of the other party, the other parties within 15 days from the date of receipt of a defense, the people's court shall, after receiving the defense within 5 days from the date a copy of the appellant, they do not reply does not affect the court hearing. Trial court of receiving the appeal, the respondent shall, within 5 days together with the entire case file and evidence submitted to the people's court of second instance. The people's court of second instance cases on appeal, shall form a collegial panel to conduct the trial. Full Court saw no need for a trial, can also be ascertained, a judgment rulings. People's Court of Appeal judgments should be the date of filing in the second instance within 3 months of the conclusion. There are special circumstances necessary to extend the president of the court for approval. The people's court of second instance decision, ruled that a final decision, ruled that the parties can not appeal. (4) retrial procedure (the vast majority of divorce cases do not involve) If a party has a legally effective judgments or orders, within two years, that there is wrong, can the trial court or on a people's court for retrial, but do not stop the judgments and rulings of the implementation. Does not require trial periods. If a party has a legally effective decision on dissolution of marriage shall not apply for a retrial. (5) six months after the re-prosecution. According to the "PRC Civil Procedure Law," one hundred and tenth The people court found this law one hundred and eighth Article prosecution, must be accepted; on the following prosecution of cases, respectively, to be addressed: (vii) decisions are not allowed to divorce and mediation in a divorce case, ruling, conciliation cases of adoptive relationship to maintain, no new cases, new ground, the plaintiff in the suit again within six months shall not be accepted. If not leave the court for a trial, insisted the divorce of one of the parties, a party only after the verdict again in six months after the commencement of prosecution, the same to undergo the procedure. Civil Procedure, "who alleges evidence", evidence is crucial, the evidence bearing on the success of the lawsuit, in some ways, a lawsuit to that of evidence! Who burden of proof can not, will take on the self-defeating and even the consequences of losing. Should be carefully prepared in accordance with the evidence in court proceedings, pretrial exchange of evidence, cross-examination in court clever wit, each party is required to seriously, being wary of, the litigation has been to achieve the best results ! Bonds of friendship is priceless, legal ruthless, when love thing of the past when the two best to choose more rational approach, friendly break up, to avoid protracted v. tired; but when the inevitable lawsuit, in whatever circumstances fully employ professional solicitors prepared to collect evidence, and actively responding to, develop the best litigation strategy has become the party choice! What choice divorce, or divorce proceedings, according to the specific circumstances of the case itself and to be!